TypeBare Act JurisdictionCentral Government Enacted1963

Specific Relief Act 1963 Section 34

Discretion of Court as to Declaration of Status or Right

Section Text


Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and thecourt may in its discretion make therein a declaration that he is so entitled, and the plaintiff neednot in such suit ask for any further relief:

Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.

Explanation.--A trustee of property is a "person interested to deny" a title adverse to the title of some one who is not inexistence, and for whom, if in existence, he would be a trustee.